United States v. Eric Paul Durcan

OPINION

Before ELY and CHOY, Circuit Judges, and ORRICK, * District Judge. ELY, Circuit Judge:

The trial of the present appellant was severed from that of his co-defendant, one Spodnick, and Durcan was convicted by a jury of violations of 18 U.S.C. § 542, entry of goods into the United States by means of a false statement, and of 18 U.S.C. § 545, smuggling goods into the United States.. He was also convicted of having transported a firearm in interstate or foreign commerce while a fugitive from justice, a violation of 18 U.S.C. § 922(g)(2). Prior to trial the Government dismissed a charge…